Manager - Finance & Accounts
58323 Points
Joined June 2010
Hey Pankaj! ESOPs and ESPPs (Employee Stock Option Plans / Employee Stock Purchase Plans) can be a bit tricky, especially with cross-border aspects like selling shares in the US.
Here’s a quick rundown of the taxability of ESOP/ESPP in India and US:
In India:
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At the time of exercise (when shares are allotted):
The difference between the fair market value (FMV) of shares on exercise date and the exercise price paid by the employee is considered a perquisite and taxed as salary income in India.
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At the time of sale of shares:
Any gain over the FMV on exercise date (considered cost of acquisition) is treated as capital gains.
In the US:
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Usually, US taxes ESOP gains under employment income rules at exercise and capital gains at sale.
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There may be Double Taxation Avoidance Agreement (DTAA) provisions between India and US.
For your client who sold shares in US:
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You will need to check:
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Where was the ESOP exercised?
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Has tax been paid in India on perquisite value?
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Capital gains taxation in India and US for sale proceeds?
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Any credit available under DTAA for taxes paid in one country?